Judge: Amazon “cannot claim shock” that bathroom spycams were used as advertised

[searcher]

Judge: Amazon “cannot claim shock” that bathroom spycams were used as advertised​

After a spy camera designed to look like a towel hook was purchased on Amazon and illegally used for months to capture photos of a minor in her private bathroom, Amazon was sued.

The plaintiff—a former Brazilian foreign exchange student then living in West Virginia—argued that Amazon had inspected the camera three times and its safety team had failed to prevent allegedly severe, foreseeable harms still affecting her today.

Amazon hoped the court would dismiss the suit, arguing that the platform wasn't responsible for the alleged criminal conduct harming the minor. But after nearly eight months deliberating, a judge recently largely denied the tech giant's motion to dismiss.

More:

Judge: Amazon “cannot claim shock” that bathroom spycams were used as advertised

A West Virginia judge largely denied Amazon's motion to dismiss lawsuit.

arstechnica.com

 

[JayDubya]

Well, in their defense, who could have possibly seen that coming? (insert eye roll here)

 

[pmbug]

I'm not sure that I agree with amazon being legally liable for whatever harm the plaintiff suffered. It's the same dynamic with firearm manufacturers and dealers. They aren't responsible for their customer's behavior (how guns are [mis]used). Go after the person/people who directly caused the plaintiff harm (the customer who bought the product and used it to damage the plaintiff).

 

[JayDubya]

I typically fall that way in my logic as well, but here's why I think this case is different.

The item in question is a towel hook with a camera hidden in it. One can reasonably assume there are only a few places where a towel hook would be used.

Using the legal "reasonable man standard," it is reasonable to assume that a towel hook would be placed in a bathroom and that a towel hook with a camera could very likely end up in a bathroom.

It differs in that, using the reasonable man standard, it is not reasonable to assume some will use a hammer to bludgeon you to death or their gun to shoot you.

If one needs towel hooks for their bathroom, they typically do not want or need the towel hook to have a spy camera inside of it.

 

[Joe King]

Was it actually listed on Amazon as a "bathroom spy cam"?